Enlightened complaints. Litigiousness in Spain and in the Spanish empire (eighteenth century)

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Published: Dec 1, 2011
DOI: https://doi.org/10.15581/001.14.1695
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Premo, B. (2011). Enlightened complaints. Litigiousness in Spain and in the Spanish empire (eighteenth century). Memoria Y Civilización, 14, 155-173. https://doi.org/10.15581/001.14.1695

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Bianca Premo e-mail(Login required)
Florida International University.

Abstract

155
This article offers a preliminary analysis of civil cases in six regions of the eighteenth-century Spanish empire. It finds relative stability in the use of civil courts in Spain, in contrast to a marked increase in litigiousness in the Spanish colonies. A historiographical review of works treating conflict and law indicates that various cultural factors, including patterns of “infrajustice” and community defense, deflected individuals in Spain from using the court system. In contrast, in Spanish America, a weakening of local authority and the permeability of legal culture led ordinary litigants into the justice system.

Keywords

Spanish empire, Spain, litigiousness, court system, legal cultur

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Article Details

Issue
Vol 14 (2011)
Section
Articles: Varia

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